Commission creation, mandate, and powers
- An independent Commission is created to investigate all facts and circumstances of the failed coup d’ etat of December 1989 and to recommend measures to prevent similar attempts at a violent seizure of power (Section 1).
- The Commission must conduct a thorough fact-finding investigation, evaluate involvement of military personnel and civilian personalities, including public officials and employees, and submit findings and recommendations to the President, the Congress, and other appropriate authorities within one (1) year from the Act’s effectivity (Section 1).
- The Commission may receive, review, and evaluate evidence, and for this purpose may summon witnesses, administer oaths, take testimony, and receive evidence relevant to the investigation (Section 1).
- The Commission may issue subpoena ad testificandum to compel testimony and subpoena duces tecum to compel the production of documents, books, records, and other papers (Section 1).
- The Commission must turn over to appropriate prosecutorial authorities all evidence involving any person when it finds reasonable ground to believe that the person may be liable for a criminal offense connected with the coup (Section 1).
- The Commission may ask the Monetary Board to disclose information on and/or grant authority to examine bank deposits, trust or investment funds, or banking transactions in the name of and/or utilized by a person (natural or juridical) under investigation, in any bank or banking institution in the Philippines, when the Commission has reasonable ground to believe the funds or transactions were used to support or further the coup’s objectives (Section 1).
- The Commission may exercise other acts incident to or appropriate and necessary to attain the Act’s objectives (Section 1).
Bar against court injunction; exception
- No court, except the Supreme Court, shall issue any restraining order or preliminary injunction on any matter involving official acts of the Commission under the Act and official acts of the Monetary Board under Section 1(d) (Section 2).
Commission composition, qualifications, and pay
- The Commission consists of a Chairman and four (4) members appointed by the President (Section 3).
- The Chairman and members must be citizens of the Philippines, at least thirty-five (35) years of age, and must have an established reputation for integrity, honesty, probity, and professional competence (Section 3).
- The Chairman and members shall receive the same salary as the Chairman and members, respectively, of the Constitutional Commissions (Section 3).
Tenure, record turnover, and proceedings management
- The Commission has one (1) year from the Act’s effectivity to attain the Act’s objectives (Section 4).
- Two (2) months after the one-year period lapses, the Commission becomes functus officio and turns over all records, assets, and properties to the Department of Justice (Section 4).
- The Commission must adopt rules and procedures for orderly investigation, proceeding, and hearing, including presentation of evidence, and the rules of evidence under the Revised Rules of Court apply suppletorily (Section 5).
Hearings, counsel, publicity, and security
- Commission proceedings and hearings sitting en banc are open to the public (Section 6).
- The Commission may hold an executive or closed-door hearing motu proprio or upon request of the person testifying when matters of national security or public safety are involved or the personal safety of the witness warrants it (Section 6).
- The Commission must prescribe rules governing executive or closed-door hearings (Section 6).
- Every person called to testify has the right to counsel at any stage of the proceedings (Section 6).
Witness rights, confidentiality protections
- No person may be excused from attending and testifying or from producing documents and other evidence in obedience to a subpoena on the ground that the testimony or evidence may tend to incriminate that person or subject them to penalty or forfeiture (Section 7).
- After invoking the right against self-incrimination, the person’s testimony or evidence produced cannot be used against them in any proceeding except for perjury committed in testifying (Section 7).
- The Commission must protect any person called to testify by providing necessary and reasonable security arrangements with assistance and cooperation of the Armed Forces of the Philippines and other appropriate government agencies (Section 7).
Immunity from criminal prosecution
- The Commission is authorized to grant immunity from criminal prosecution to any person who provides information or testifies in an investigation conducted by it when the Commission determines the information or testimony is necessary and vital to the investigation (Section 8).
- The immunity continues to protect the witness who repeats such testimony before the appropriate court when required (Section 8).
- If the witness refuses to repeat such testimony, the immunity ceases (Section 8).
Contempt power and penalties
- The Commission may hold any person in direct or indirect contempt and impose appropriate penalties (Section 9).
- Direct contempt includes misbehavior in the presence of or so near the Commission as to obstruct or interrupt proceedings, including disrespect toward its officials, offensive personalities toward others, refusal to be sworn or to answer as a witness, or refusal to subscribe to an affidavit or deposition when lawfully required (Section 9).
- For direct contempt, the Commission may summarily adjudge the person and punish them with a fine not exceeding P5,000.00 or imprisonment not exceeding thirty (30) days, or both (Section 9).
- The Commission’s judgment on direct contempt is final and not appealable (Section 9).
- Indirect contempt is handled by the Commission under Rule 71 of the Revised Rules of Court (Section 9).
Commission personnel and freedom from Civil Service
- The Chairman may engage services of personnel, including a Commission Counsel, Deputy Commission Counsel(s), and other officials required for effective performance, and may organize the Commission’s structure and staffing pattern (Section 10).
- The Chairman may fix duties and compensation and authorize payment of honoraria and/or allowances for deputized officers and officials, subject to pertinent accounting and auditing rules and procedures (Section 10).
- Persons appointed, designated, deputized, or contracted by the Commission are not subject to the Civil Service Law, rules, and regulations (Section 10).
Rules, publication, and reporting
- The Commission has power to promulgate rules and regulations, enter into contracts, and do all other acts necessary or incidental to attain the Act’s objectives (Section 11).
- Commission rules and regulations must be published in at least two (2) national newspapers of general circulation and take effect two (2) days after publication (Section 11).
- The Commission’s final report to the President and Congress must be published (Section 11).
Support from other government agencies
- The Commission may call upon any government investigative and prosecutorial agency, including the National Bureau of Investigation and the Philippine Constabulary/Integrated National Police, to make available offices, personnel, and facilities to attain the Act’s objectives (Section 12).
Funding, transferred assets, and absorption
- An appropriation of Ten Million Pesos (P10,000,000.00) is provided to the Commission, chargeable against the Contingent Fund (Section 13).
- The amount automatically releases to the Commission for disbursement in accordance with auditing rules and regulations (Section 13).
- Records, facilities, equipment, property, rights, and other things incidental to the creation of the Presidential Commission under Administrative Order No. 146, Series of 1989 are transferred to the Commission created by this Act (Section 14).
- Employees of the Presidential Commission, particularly rank and file, are absorbed by the Commission to the extent administratively feasible (Section 14).
Priority rule, separability, and implementation supremacy
- The Act’s provisions prevail over other laws, acts, executive orders, administrative orders, issuances, rules and regulations, parts thereof, or the Revised Rules of Court as regards the subject matter of this Act (Section 15).
- If any provision is declared unconstitutional, the invalidity of that provision does not affect the validity and effectivity of the other provisions (Section 16).